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25 Del. 488

Day v. Thomas

Superior Court of Delaware

Decided October 18, 1911

Superior Court of Delaware · decided 1911-10-18

Summons Case Motion that judgment be refused notwithstanding affidavit of demand, the claim sued upon being for money loaned or advanced, which is not properly chargeable in a book of original entries. Judgment was refused.

Cited by 2 later decisions — most recently September 1962

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1911-10-18

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Pennewill, C. J.

¶1delivering the opinion of the court:

¶2In the above-stated case a motion has been made that judgment be refused notwithstanding the affidavit filed by the plaintiff.

¶3It appears from an examination of the alleged book account annexed to, and filed with, the affidavit, that the said account consists principally of charges for moneys advanced to the defendant.

¶4We gather from the affidavit, and account, that the plaintiff advanced to the defendant, from time to timé, sums of money with which the defendant was to buy peaches for the plaintiff; that the aggregate amount so advanced exceeded the aggregate amount expended by the defendant, and that the excess is due and owing from the defendant to the plaintiff.

¶5It is well settled that money advanced, or loaned, is not properly chargeable in a book account of original entries, ,and we, therefore, sustain the motion of the defendant that judgment be refused notwithstanding the affidavit filed.

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